NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21081

THIRD DIVISION Docket Number SO-20890

Lloyd H. Bailer, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

(Chicago and North Western Transportation Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of
Railroad Signalmen on the Chicago and North Western Transportation Company:

(a) The Carrier is in violation of the current Signalmen's Agreement in effect on the Missouri Division of the Chicago North Western Transportation Company (formerly Chicago Great Western) particular rule 62 when on Feb. 21, 1973 it disciplined Mr. T. H. Duffy, forty-five (45) days suspension from service effective February 26, 1973 and continuing through April 9, 1973, account of the allegation that the territory he was assigned to was improperly maintained.

(b) The carrier now be required to compensate Mr. T. H. Duffy, the actual time lost because of this alleged violation and also clear his record of this discipline.

fCarrier file: D-9-30-37

OPINION OF BOARD: The fact that an investigation was held prior to the
assessment of discipline, and without claimant having requested an investigation, was not prejudicial to him and was not otherwise barred by the Agreement. Moreover, claimant made no effort to waive the investigation when it was, scheduled. Instead, in the presence of two Organization representatives h he was ready to proceed. No other procedural violations prejudicial to claimant are shown to have occurred.

Evidence adduced at the investigation revealed a variety of deficiencies which indicated improper maintenance on the territory assigned to claimant as a signal maintainer. Claimant's defense was insufficient to exonerate him from responsibility for improper maintenance. The 45 day suspension from service did not constitute an abuse of Carrier's discretion.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

Award Number 21081 page 2

Docket Number SG-20890

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

ATTEST: 42 Alt &&/41~gmw

Executive Secretary

Dated at Chicago, Illinois, this 28th day of May 1976.